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Tuesday 22nd November 2022

 

Issue No. 42

 

 

C O N T E N T S

 

 

 
 
Notices
Fixing Notice
Calling List
Notice
Outer House Rolls
Inner House Rolls

 


 

N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for a public holiday on Monday 5th December 2022.

 

 

Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994;

 

Motions for Tuesday 6th December 2022 must be enrolled no later than 4.00pm on Thursday 1st December 2022 and may be opposed until 12:30pm on Friday 2nd December 2022.

 

Motions for Wednesday 7th December 2022 must be enrolled no later than 4.00pm on Friday 2nd December 2022 and may be opposed until 12:30pm on Tuesday 6th December 2022.

 

Opposition and enrolment dates return to normal.  Thereafter.

 

 

Cases lodged for calling;

 

Cases lodged for calling up to 12:30pm on Friday 2nd December 2022 will call on Tuesday 6th December 2022.

 

Cases lodged for calling after 12:30pm on Friday 2nd December 2022 and until 4.00pm that day, will call on Wednesday 7th December 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 6th December 2022 will call on Thursday 8th December 2022.

 

Normal service will resume thereafter.

 


 

N O T I C E

 

 

The CMT Office will be closed due to a Public Holiday on Monday 5th December 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.

 

Intimation date Opposition Date Motion Lodged Date
30/11/2022 02/12/2022 06/12/2022
01/12/2022 06/12/2022 07/12/2022
02/12/2022 07/12/2022 08/12/2022
06/12/2022 08/12/2022 09/12/2022

 

Intimation, opposition and enrolment dates return to normal, thereafter.

 

 

N O T I C E

 

 

OPPOSED AND STARRED MOTIONS

 

The procedure for the allocation of opposed and starred motions will now be as follows:

 

When an opposition to a motion or an automatic starred motion is lodged during term time, the Keeper’s Office will allocate a date for the motion to call a minimum of 2 days aheadCan all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.

 

An email will be sent to parties setting out the proposed date, Judge and clerk.  The clerk will then liaise with parties to agree a time for the motion to call.  This is to ensure opportunity is provided for representations to be made about the form of the hearing.

 

 

 

_______________

 

 


 

FIXING N O T I C E

 

 

The Keeper’s office is currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:

 

Personal Injury 4 day Proofs - 27th June 2023

Personal Injury Proofs requiring more than 4 days - 15th August 2023

Ordinary Action Proofs requiring more than 4 days - 17th January 2023

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 22nd November

 

1 A301/21 Muhammad Akram v Madhia Chaudry Aberdein Considine & Co
2 CA87/22 Capita Business Services Ltd v The Common Services Agency for the Scottish Health Service Addleshaw Goddard
3 CA86/22 John Deighan v Georgios KantopoulosCampbell Smith WS LLP
4 A226/21 Scottish Power UK Plc v Doosan Babcock Ltd Shepherd & Wedderburn LLP
5 PD484/22 Daniel Kilcullen v Marmac Services Ltd &cThompsons
6 PD483/22 Gillian Kelly &c v James Lamont & Co LtdThompsons
7 F104/22 Gordon Angus v Nadia AngusBrodies LLP
8 PD463/22 John Orr v Balfour Beatty Kilpatrick Ltd &cThompsons
9 A238/22 Marlene Hepburn v Hector HepburnDrummond Miller LLP
10 PD416/22 May Duncan &c v Tamaris (South East) Ltd Digby Brown LLP
11 A259/22 North East Machinery Sales Ltd v Barry Mackland &cBrodies LLP

 

 

_________________

 

 

 

N O T I C E

 

 

INNER HOUSE

 

All substantive business in the Inner House i.e. hearings not dealing with procedural business as defined by Rule 37A.1(2) of the Court of Session Rules will be conducted in person, however the court may allow parties to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.

 

Procedural hearings in the Inner House, such as leave/permission to proceed hearings, will be conducted virtually or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.

 

 

OUTER HOUSE

 

All first instance hearings in the Outer House including proofs, debates and judicial review hearings will be conducted in-person, however the court may allow parties or their witnesses to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.

 

Procedural hearings in the Outer House, including applications for permission to proceed in judicial review petitions, and preliminary and procedural hearings in the Commercial court, will be conducted using Webex or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.

 

 

 

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OUTER HOUSE ROLLS

 

 

LORD TURNBULL – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Thursday 24th November

 

By Order

 

A61/20 Rona Gow &c v John Lamb BTO Solicitors LLP   

Starred Motion

 

COS/A154-22 F v Gordon Chalmers &c A & W M Urquhart Clyde & Co (Scotland) LLP 

Starred Motion

at 2.00pm

 

COS/PD485-20 Karen Kerr v NSL Ltd Digby Brown LLP Plexus Law Ltd 

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Thursday 24th November

 

Procedural Hearing

between 9.00am and 9.30am

 

CA117/20 Donald MacDonald &c v Roderick MacDonald Balfour + Manson LLP DAC Beachcroft Scotland LLP 
CA4/21 Donald MacDonald &c v Roderick MacDonald Balfour + Manson LLP DAC Beachcroft Scotland LLP 
CA5/21 Donald MacDonald &c v Roderick MacDonald Balfour + Manson LLP DAC Beachcroft Scotland LLP 

Case Management Hearing

 

A260/20 Carole Barker v Lothian Health Board Drummond Miller LLP NHS Scotland Central Legal Office 

By Order

 

A289/16 Margaret Gallagher v Arthur Horsey &c Kennedys Scotland MBM Commercial LLP 

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Thursday 24th November

 

By Order

between 9.00am and 9.30am

 

P384/21 Pet:  Lakemanse Ltd for Interdict Wright, Johnston & MacKenzieDLA Piper Scotland LLP  

Continued Procedural Hearing

between 9.30am and 10.00am

 

CA54/18 Silverburn Trustee Ltd v Lendlease Construction (Europe) LtdBrodies LLP Pinsent Masons LLP  

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 12 - Parliament House

 

Thursday 24th November

 

By Orders

at 9.00am

 

AD14/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re:  SVHarper MacLeod    
AD15/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re:  SKHarper MacLeod    
AD16/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re:  STHarper MacLeod    
AD17/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re:  SSHarper MacLeod    
AD18/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re:  SSHarper MacLeod    

Starred Motion

 

COS/PD424-21 AN v The Boys’ Brigade &c Thompsons Clyde & Co (Scotland) LLP 

In terms of Rule of Court 49, a proof has been allowed in the following action:

 

COS/F67-22 Gwen Carr v Ibrahim Opebiyi T C Young LLP SKO Family Law Specialists 

 

 

LORD ARTHURSON – L Cranston, Clerk

 

Court 11 - Parliament House

 

Thursday 24th November

 

Starred Motion

 

P100/22 Pet:  Alpha Panareti Public Ltd for Registration of a JudgementTLT LLP Lindsays LLP 

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 7 - Parliament House

 

Thursday 24th November

 

Judicial Review- Oral Hearing

between 9.00am and 9.30am

 

P484/22 Pet:  Hoang Phan for Judicial Review Drummond Miller LLP Office of the Advocate General 

Continued Debate

between 2.00pm and 4.00pm

 

CA95/21 Ashtenne Caledonia Ltd v Mahmood Saleem Brodies LLP Harper MacLeod LLP 
CA96/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd Brodies LLP Harper MacLeod LLP 
CA97/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd Brodies LLP Harper MacLeod LLP 

 

 

LORD BRAID – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Thursday 24th November

 

By Order

between 9.00am and 9.30am

 

CA22/22 Consort Healthcare (Edinburgh Royal Infirmary) Ltd v Engie Services Ltd Balfour + Manson LLP Clyde & Co (Scotland) LLP 

 

 

TO BE ALLOCATED

 

Thursday 24th November

 

By Order

 

A86/22 Shield (Insurance Consultants) Ltd v Dundee City CouncilPlexus Law Clyde & Co (Scotland) LLP  

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

SECOND DIVISION

 

Thursday 24th November

 

Inner House – By Order

at 9.45am

 

P58/22 Pet:  The Scottish Legal Complaints Commission re:  section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007Harper MacLeod LLP T C Young LLP  

 

 

EXTRA DIVISION

 

Thursday 24th November

 

Procedural Hearing

 

P922/21 Reclaiming Motion (Lord Clark) Pet:  Note - West Larkin Ltd for orders in terms of the Insolvency Act 1986Curries Gilmour & CoTLT LLP BLM Solicitors

 

 

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